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1. The Defendant’s KRW 91,273,369 for the Plaintiff and KRW 5% per annum from February 21, 2018 to October 17, 2018.
Reasons
1. Facts of recognition;
A. On January 12, 2018, A Co., Ltd. (hereinafter “A”) filed a petition for bankruptcy with the Incheon District Court 2018Hahap2, which was declared bankrupt on February 27, 2018 by the said court.
The plaintiff was appointed as a trustee in bankruptcy on the same day.
B. On January 15, 2018, the Defendant applied for a payment order against A with the Incheon District Court 2018 tea326 on the ground that the obligation to pay for processing costs was unpaid KRW 147,048,732, and received a payment order from the said court on January 18, 2018, and the payment order was finalized around that time.
C. On February 12, 2018, the Defendant issued a claim amounting to KRW 91,273,360 regarding the cost of the production of gold-type, parts, semi-finished goods, and follow-up processing, which the debtor A had against the third debtor D Co., Ltd. based on the original of the above payment order, and collected KRW 91,273,360,00 from D Co., Ltd. on February 21, 2018.
[Ground of recognition] The fact that there is no dispute, Gap's 1 or 6 evidence, and the purport of the whole pleading
2. Determination as to the cause of action
A. Whether the right to set aside is subject to exercise of the right to set aside (1) The Debtor Rehabilitation and Bankruptcy Act (hereinafter “Rehabilitation Act”).
The denial is, in principle, subject to the debtor's act, and if there is only a creditor or a third party's act without the debtor's act, it can be denied only when there is an exceptional reason to see that the debtor's act was processed in collusion with the creditor or for other special reasons.
However, according to Article 395 of the Debtor Rehabilitation Act, the right to set aside may be exercised even when the act to set aside is based on the executory act. However, when denying the executory act pursuant to Article 391 subparagraph 2 of the Debtor Rehabilitation Act, there are special circumstances to see it as the act of the debtor.